Terms of Service
Last updated: May 26, 2026
These Terms of Service ("Terms") govern your use of the FreshTally platform operated by FreshTally ("we", "us", "our"). By creating an account or using our services, you agree to these Terms.
1. Subscription & Usage
- •FreshTally provides a cloud-based hospitality operations platform accessible via web browsers on desktop and mobile devices.
- •Subscriptions are offered on monthly and annual billing cycles. Features and limits vary by plan (Starter, Professional, Enterprise).
- •You may invite team members to your organization. You are responsible for all activity under your account.
- •A free trial or demo may be offered at our discretion. Trial terms are specified at the time of enrollment.
2. Acceptable Use
You agree not to:
- •Use the platform for any unlawful purpose or in violation of any applicable laws
- •Attempt to gain unauthorized access to other users' accounts or data
- •Reverse-engineer, decompile, or attempt to extract source code from the platform
- •Upload malicious content, viruses, or code designed to disrupt the service
- •Resell, sublicense, or redistribute access to the platform without written consent
- •Use automated systems to scrape, crawl, or extract data from the platform
3. Billing & Payments
- •All fees are charged in advance on a monthly or annual basis, depending on your selected plan.
- •Payments are processed securely through Stripe. By providing payment information, you authorize recurring charges.
- •We may adjust pricing with 30 days' notice. Existing subscription terms will be honored through the current billing cycle.
- •Failed payments may result in service suspension after a 7-day grace period.
- •All fees are non-refundable except where required by applicable law or at our sole discretion.
4. Cancellation
- •You may cancel your subscription at any time from your account settings or by contacting support.
- •Cancellation takes effect at the end of your current billing period. You retain access until then.
- •You may request a data export before cancellation. Data is retained for 90 days after cancellation, then permanently deleted.
- •We reserve the right to terminate accounts that violate these Terms, with or without notice.
5. Data Ownership
- •Your Data: You retain full ownership of all data you enter into FreshTally — inventory records, invoices, events, staff information, recipes, and operational data.
- •Our Platform: FreshTally retains all intellectual property rights to the platform, including software, design, features, and documentation.
- •License: You grant us a limited license to process your data solely to provide the service. We will not use your business data for any other purpose.
- •Aggregated Data: We may use anonymized, aggregated data (with no personally identifiable information) for analytics and platform improvement.
6. Tenant Responsibilities
- •You are responsible for the accuracy of data entered into the platform.
- •You are responsible for managing user access, roles, and permissions within your organization.
- •You must ensure that your use of the platform complies with local labor laws, food safety regulations, and industry standards.
- •You are responsible for maintaining the confidentiality of your account credentials and staff PINs.
7. Limitation of Liability
Important: Please read this section carefully.
- •FreshTally is provided "as is" and "as available" without warranties of any kind, express or implied.
- •We do not guarantee uninterrupted, error-free, or secure access to the platform at all times.
- •Our total liability for any claims arising from your use of the platform shall not exceed the amount you paid us in the 12 months preceding the claim.
- •We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
- •AI-powered features (invoice parsing, scheduling suggestions, profitability analysis) are provided as assistive tools and should be verified by users before making business decisions.
8. Service Level & Support
- •We strive for 99.9% uptime but do not guarantee it. Scheduled maintenance windows will be communicated in advance when possible.
- •Support is available via email at [email protected]. Response times vary by plan.
- •Enterprise customers may receive dedicated support and custom SLA terms as specified in their agreement.
9. Intellectual Property
- •The FreshTally name, logo, and brand assets are trademarks of FreshTally. You may not use them without written permission.
- •Feedback, suggestions, and feature requests you provide may be used to improve the platform without obligation to you.
10. Governing Law & Changes
- •These Terms are governed by the laws of the State of Illinois, United States.
- •We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect.
- •Continued use of the platform after changes constitutes acceptance of the updated Terms.
Questions?
Contact us at [email protected] or visit our Contact page.